Law: Societies Registration Act, 1860

Section: 6 , 8

  Societies Registration Act (XXI of 1860)--- ----S. 6---Civil Procedure Code (V of 1908), 0.1, R. 8---Plaintiff (Association) filing suit on behalf of Association---Plaintiff (Association) being registered body had not itself suffered any personal injury---Maintainability of suit-- Registered Society being juristic person/sui juris, could file and maintain suit but such suit should be filed through its President, Chairman or Secretary as per rules and regulations of the Society---Where rules and regulations of registered Society did not authorise any of its office-bearers then such suit could be filed in the name of any person/member to be appointed by governing body of said Society---Title of plaint in the present case was, however, silent as to person through whom suit was being filed ---Averment in plaint showed General Secretary was authorised to verify plaint/pleadings and to institute suit- --Plaintiff had not filed any copy of rules and regulations or Memorandum and Articles of Association to show that such Rules, Regulations, Memorandum of Association or Articles of Association conferred authority on Secretary of Society to institute -suit---Plaintiff (Association) had no intention at the time of institution of suit to file the same as a representative suit---Application under 0.1, R.8, C.P.C. was tiled at belated stage with defective and incomplete list of its members on whose behalf Association was to file suit or who were to be impleaded as co -plaintiffs---Application in terms of 0.1, R.8, C.P.C. was, therefore, without merit and was dismissed in circumstances. Sakharkherda Education Society, Sakharkherda v. The State of Maharashtra AIR 1968 Bom. 91; State Trading Corporation of India Ltd. v. Commercial Tax Officer AIR 1963 SC 1811; Pak Steel Re-Rolling Mills Association v. Province of West Pakistan PLD 1964 Lah. 138; Muntizma Committee Al-Mustafa Colony (Regd.), Karachi and 3 others v. Director, Katchi Abadis, Sindh and 5 others PLD 1992 Kar. 54; Mst. Fidai Zuhra and others v. Deputy Commissioner and Deputy Settlement Commissioner (Land), Sukkur and others PLD 1966 (W.P.) Kar. 79; Madina Masjid Committee and 3 others v. Anjuman…